Racial Profiling in Running head: RACIAL PROFILING IN AMERICA

Racial Profiling in America Angelique Jones, Phillip Pitchford, Ricky Watson, Heather McLaughlin University of Phoenix CJA/303 Foundations of Criminal Justice Keith Reed May 25, 2009

Racial Profiling in Racial Profiling in America Racial profiling appeared in the late 80s and early 90s and has entered the 20th century stemming from the 9/11 terrorist attack on New York City. Racial profiling targets Latinos, African American, and Native Americans, but since the 9/11 attack law enforcement has intensified the profiling and harassment of South Asians, Muslims, and Arabs. The practice of

racial profiling violates our nations core basic constitutional commitment to equal justice under the law, Police should not and may not use race, ethnicity, or religion as a basis for criminal suspicion. Defining Racial Profiling Racial profiling can be defined as any police action initiated on the basis of the race, ethnicity, or national origin of a suspect; rather than on the behavior of the individual or on information that leads to the police to particular individual who has been identified as being, or having been engaged in criminal activity.(Schmalleger, 2007). Racial profiling has been referred to as driving while black or driving while brown (Schmalleger, 2007, p. 30). Driving while black is also known as DWB which implies that a motorist may be pulled over by a police officer simple because he or she is black, and then questioned, searched and or charged with trivial offenses. Nation Wide (Cole, 2001, p.31) blacks are thirteen times more likely to be sent to state prison for drug convictions than are whites, so it would seem rational for police to assume that all other things being equal, a black driver is more likely than a white driver to be carrying drugs (Cole, 2001, p. 31). Bush (2001, p. 1) stated It's wrong, and we will end it in America. In so doing, we will not hinder the work of our nation's brave police officers. They protect us every day often at great risk. But by stopping the abuses of a few, we will add to the public confidence our police officers earn and deserve.'' From a realistic view racial profiling is unacceptable because it

Racial Profiling in weakens the publics confidence in the police, thereby decreasing police-citizen trust and cooperation.

Does it exist in American Law Enforcement Today? It is proven that there is an intimate relationship among race, ethnicity, and social class in the United States. Specifically, racial and ethnic minorities are disproportionately likely to be poor and to be exposed to harmful environmental conditions. (Robinson 2005) With this being said racial profiling is common and exists in our Law Enforcement today. Stereotypes that were once put into place are still being followed these days. Racial Profiling is not being taken as seriously as it should be, and recently there has been a search for reliable evidence to prove that racial profiling is on an outbreak in our society. That is why a series of articles published in 2002 in the Toronto Star caused such a sensation. The articles were based on stats collected by the police. Analysis of those figures by Star reporters suggested that blacks in Toronto were over-represented in certain offence categories like drug possession and in what were called "out-of-sight" traffic violations, such as driving without a license. The analysis also suggested that black suspects were more likely to be held in custody for a bail hearing, while white suspects #8211; facing similar charges were more likely to be released at the scene. (In Depth: 2005) In Canada, it has been proven that Law officials will more likely stop aboriginal men for simple routine stops than whites. This not only happens in Canada, but also in other parts of the world. Studies that were done in the United States and Britain also prove that racial profiling exists in todays Law Enforcement. In England, police routinely record the racial background of everyone stopped and searched by police. Stats from 1997-98 found that black people were

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stopped and searched at a rate of 142 per 1,000. Whites were stopped and searched at a rate of just 19 per 1,000. (In Depth: 2005) Racial Profiling Today Even though racial profiling is considered unjust, profiling is commonly used in law enforcement every day. (Robinson, 2005) Sometimes the officer may not even be aware that they are profiling a suspect. For so long officers have relied on what they can see to make judgments against the people it has become like second nature to many of them. The fight against racial profiling is strong but also shows difficulties to stop something when our society cannot even be sure that it occurred. Profiling is not limited to just race but financial standings as well. (Robinson 2005) It has been proven to be true that someone of color who lives in poorer areas have a much greater chance of being stop or questioned by the police. Law enforcement agencies try to use overpopulated areas with lower class minorities to set the standard for potential threats. The problem is that the same effects can take place in areas dominated by lower class whites. This is not just a problem for the poor African American males and Hispanic people face legal situations more than whites do in any financial category. (Robinson 2005) Even the women of minority races feel the impact of racial profiling. Sentencing is another very serious issue in racial profiling. Racial profiling plays such a role in the court room, that there has been verification that minorities are subjected to much more severe punishments than a white person would. This issue is truly pressed when the death sentence is a possibility. If a rich white male murders a poor black male the odds are less that the offender would receive the death penalty than if a poor black man murders a rich white male. This could be because law enforcement has put the label on minorities that they are more dangerous than the whites, and therefore, are a greater risk to the

Racial Profiling in community. (Robinson 2005) These close minded ideas are what feed racial profiling in the U.S. today. Elimination Reducing or eliminating the practice of racial profiling is a problem that may seem to be overwhelming to those tasks with the mission. Eliminating racial profiling might not be attainable

for the near future, so reducing profiling should be the first place to start. Reducing racial profiling can be solved in three practical steps. The first is to bring awareness to the officers about racial profiling and supply them with the tools that will help him or her with decision making. (Cohen 2005) That step alone can drastically help reduce the practice of racial profiling because some officers are not even aware that they are practicing that method. The second step is the department must make it known that the practice of racial profiling will not be accepted. (Cohen 2005) The department should enforce disciplinary action to officers that still use racial profiling to dictate his or her reasons to stop a driver. The third and final step is the easiest but also the hardest. The department has to acknowledge that there deems a problem with racial profiling being used in their organization. (Cohen 2005) That is the biggest step because in order for a problem to be solved, all involved must be able to admit that a problem exists. Racial profiling corrodes the presumption of innocence in which all U.S. citizens are entitled to under our constitution. In any case racial profiling is never and should never be considered justified, but more as a threat to a persons civil rights and another form of abuse. (Siegel 2008) Conclusion As our society continues to grow, different forms of racial profiling will continue to develop. From the late 1980s, up until today, the definition of racial profiling still stands out in the crowd, and typically is something that is avoided when confronted. With the type of profiling that

Racial Profiling in exists, profiling is a difficult task to determine when a Law Enforcement official uses racial profiling as a work tactic. Racial profiling continues to weaken the publics confidence in the police, and the trust that the community is supposed to have in our Government is slowly deteriorating. Racial Profiling doesnt only target those of race, but also targets those of financial class, religious background and gender. The types of steps that need to be taken to help eliminate racial profiling have only been taken into consideration. These steps are something that has not been fully enforced. According to the White house website, The President will lead the fight to build a more fair and equitable criminal justice system. He will seek to strengthen federal hate crime legislation and will work to ensure that federal law enforcement agencies do not resort to racial profiling. He supports funding for drug courts, giving first-time, non-violent offenders a chance to serve their sentence, if appropriate, in drug rehabilitation programs that have proven to work better than prison terms in changing behavior. President Obama will also improve ex-offender employment and job retention strategies, substance abuse treatment, and mental health counseling so exoffenders can successfully re-join society. (Issues: Civil Rights) Addressing the problem is the

first step to provided adequate solutions to stop racial profiling. With this being addressed, society must make the decision to help bring this issue forward, and we all unite as one to eliminate it.

References:

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Cohen, John D. (2000, Febuary 15). Eliminating Racial Profiling. Retrieved May 22, 2009 from ppi (progressive policy institute): http://www.ppionline.org/ppi_ci.cfm? knlgAreaID=119&subsecID=156&contentID=610

Driving While Black (2009, May 7). In Wikipedia, The Free Encyclopedia Retrieved May 17, 2009, from http://en.wikipedia.org/w/index.php? title=Driving_While_Black&oldid=288576456

Issues: Civil Rights. Retrieved May 22, 2009, from Civil Rights Web site: http://www.whitehouse.gov/issues/civil_rights/

In Depth: Racial Profiling. (2005, May 26th). Retrieved May 24, 2009, from Frequently Asked Questions. Web site: http://www.cbc.ca/news/background/racial_profiling/

McCurdy, J. (2007, June 21). Racial Profiling: Wrong in America Retrieved May 16, 2009, from http://wwwhuffingtonpost.com

Schmalleger, F (2007). Criminal Justice Today. An Introductory Text for the Twenty-First Century (9th Ed.). Upper Saddle River, New Jersey: Peterson Hall, Inc.

Siegel, Larry J. (2008). Introduction To Criminal Justice. Belmont: Thompson/Wadsworth.

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Robinson, M. (2005). Justice blind? (2nd Ed.) Upper Saddle River, NJ: Pearson. Retrieved May 20, 2009, from chapter 12 reading material.

Website www.usdoj.gov/opa/pr/2003/June/racial_profiling_fact_sheet Retrieved May 17, 2009, from http://www.usdoj.gov